The Internet at 20: Evolution of a Constitution for Cyberspace

From the report: "The
Internet’s
“constitution” is not expressed in a single document. Instead, it comprises the
open architecture inherent in the Internet’s technological
protocols together with a collection of government policies, legislative
enactments, and judicial decisions that seek to protect the basic architectural
philosophy, ensure space for entrepreneurial freedom, and guard against the
abuse of economic or political power.

This Article looks back over the Internet’s first twenty
years, highlighting the crucial legal decisions by the executive, legislative,
and judicial branches that have led to the Internet’s success, and
which now frame its constitution. I participated in many of these decisions and
wrote more than a dozen law review articles and reports suggesting directions
for public policy and law. This Article uses this foundation to consider the
future, focusing on major legal controversies, the resolution of which will
define the Internet’s
third decade — either strengthening or undermining its constitution." Read more